This is
my first visit as High Commissioner for Human Rights to the
Republic of Serbia. It comes at an important transformative
moment in the country’s history, when, after more than two
decades during which the various wars in the Balkans cast a
long shadow over the country’s development and reputation,
a succession of advances on the political front is arousing
optimism, not just about the future of Serbia itself, but
also of the wider region. It is a positive sign that the
authorities are addressing some tough human rights issues in
a calm and pragmatic manner.

Human rights are, of course,
a fundamental element in any country’s political, social
and economic development, and it is for that reason I am
here.

During my visit, I have held meetings with
President Tomislav Nikolic and Prime Minister Ivica Dacic,
Ministers of Justice and Public Administration, of Labour,
Employment and Social Policy, and Health. I have also held
discussions with the Speaker of Parliament, the President of
the Parliamentary Committee for Human Rights and Gender
Equality, the acting President of High Court of Cassation,
the Director of the Government’s Office for Human and
Minority Rights, the Ombudsman, the Commissioner for
Protection of Equality, and civil society.

Serbia’s
progress on the human rights front was recognized during its
recent Universal Periodic Review (UPR) by the UN Human
Rights Council in January – the second such review of
Serbia’s human rights situation since the UPR system began
in 2008. In all, States made 144 recommendations to Serbia
and 139 were accepted.

The country has adopted a
strong and fundamentally sound body of laws and standards
relating to human rights, including, the Law on the
Ombudsman, the Law on Prohibition of Discrimination, the Law
on Gender Equality and amendments to the Criminal Code, such
as the decriminalization of defamation and introduction of
hate crime. It is encouraging that for the first time one
third of the members of Parliament are women, as guaranteed
by law. I welcome the progress being made in drafting
the anti-discrimination strategy and the judicial reform,
which I hope will take into account all relevant
recommendations of the UN human rights mechanisms.

Two
key institutions, which among other things monitor
implementation of human rights standards, namely the
Ombudsman and the Commissioner for Protection of Equality,
are effective and respected, with the Ombudsman having been
awarded the coveted ‘A’ status under the international
peer review mechanism for National Human Rights
Institutions.

As I see it, effective implementation
remains a serious challenge, for a variety of reasons,
including a lack of senior level interdepartmental
coordination on human rights, insufficient resources and the
fact that local services are underdeveloped.

One issue
that was raised most often was the lack of access to justice
in terms of efficiency and timeliness. Even judges
acknowledge serious problems such as lengthy pre-trial
detention and court proceedings, the backlog of cases and
lack of enforcement of court decisions. The Constitution
provides that the ratified international treaties “shall
be an integral part of the legal system…and applied
directly.” I have offered to cooperate with the Judicial
Academy and to provide OHCHR Manuals on human rights in the
administration of justice in order to enrich its curriculum.

I urge the Government to clearly define its human rights
agenda and priorities, and suggested it bases these on the
prioritized recommendations, not just of the UPR, but also
of the various UN human rights mechanisms, which
periodically examine Serbia’s progress in a tangible way
on key human rights issues. An agenda developed along these
lines will most probably receive support not just from the
United Nations, but also from important regional
organizations such as the European Union and Council of
Europe.

With regard to discrimination against various
minorities, including Serbs where they are in minority, the
answer is the full respect of international human rights
standards. Specifically, the situation of Roma featured
prominently in my discussions. I was made aware of the huge
discrepancies between the official and non-official
statistics relating to Roma in Serbia, which is a problem in
itself. What is clear is that there remain four crucial
areas regarding Roma that need to be better addressed,
namely health, housing, education and employment. My Office
is engaged actively on issues related to the housing of Roma
in Serbia, and we are pleased to see some progress in that
area, although it is not yet sufficient.

The situations
relating to LGBT, violence against women and children, and
the human rights of persons with disabilities were also
highlighted in various meetings. I particularly welcome the
understanding shown by President Nikolic towards allowing
the Pride Parade and his readiness to exercise his
leadership and be an advocate for an end to domestic
violence.

Serbia ratified the Convention on the Rights of
Persons with Disabilities in 2009, and this is one example
of a situation where implementation should be given higher
priority. Yesterday, I visited the Dr. Laza Lazarevic
psychiatric hospital in Padinska Skela, in order to get some
first-hand experience of concerns linked to such
institutions in Serbia together with the Deputy Ombudsman in
charge of operating the National Preventive Mechanism. I
raised the importance of community-based care and full
implementation of the Convention. Furthermore, I welcome the
significant progress in the deinstitutionalization of
children in recent years. I note the Government’s plans to
proceed from institutionalisation to community-based care in
accordance with relevant European Guidelines. However,
Serbia will need to receive greater assistance and resources
for this much-needed shift in focus to materialize.

Finally, I understand that there are well recognized
challenges and issues facing this country, many of which
require considerable efforts and resources – for example
those related to the rights of thousands of internally
displaced people and refugees, as well as the social and
economic rights of 800,000 unemployed, and the rights of
numerous minorities.

But there are also areas where lack
of resources is not the obstacle, but where the crucial
missing ingredient is a major concerted effort by all those
in charge. I am referring here to the overall human rights
culture, and the need to show leadership and to educate
people on all aspects of human rights. Those in responsible
positions can and should make the difference by promoting
human rights for all people, irrespective of their
nationality, origin, gender identity, or social status.
Civil society organisations and human rights defenders
should be supported, protected and respected, and should be
systematically included in all discussions of legislation,
projects, and strategies on human rights.

My Office
stands ready to support Serbia’s future efforts through my
Human Rights Adviser in close partnership with the UN
Country Team, Regional Organizations and other bilateral
donors.

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